Alcohol compliance checks target overserving’

Friday

Dec 20, 2013 at 9:37 AM

Local bar owners say it’s difficult at times to comply with the state’s law against selling alcohol to customers who have already had too much to drink with at least one bar manager saying there should be a better way for the city to do its checks to make sure businesses are in compliance with the law.

Local bar owners say it’s difficult at times to comply with the state’s law against selling alcohol to customers who have already had too much to drink with at least one bar manager saying there should be a better way for the city to do its checks to make sure businesses are in compliance with the law.

Ames Police checked 13 business in the Campustown area Dec. 11 and issued three citations for selling alcohol to intoxicated people. Police also checked 33 bars, liquor stores and restaurants Dec. 12 and issued three citations for selling alcohol to a minor.

The citation for selling alcohol to an intoxicated person falls under a section of the Iowa Code that says "a person shall not sell, dispense or give to an intoxicated person, or one simulating intoxication, any alcoholic liquor, wine or beer."

"It can be for anybody over the legal limit," Joe Romare, owner of Whiskey River on Main Street, said.

Selling alcohol to an intoxicated person, or over-serving, is a simple misdemeanor requiring a court appearance, where a judge determines the fine amount. The penalty for a simple misdemeanor can range from $65-$625, with a possible 30 days in jail.

Romare said his employees have all gone to the alcohol training session offered by Ames Police, and have also taken a training course offered by the State. Even with training, Romare said, it can be a tough law to follow, especially if the bar is busy.

"Different people handle alcohol differently," Romare said. "It’s strictly a judgment call. You can watch their body movements, their speech, their eyes, the way they walk, if they’re leaning on something. Sometimes, it’s hard if you don’t get to read their posture. They may be talking fine and you don’t know."

"The only true way to do it is to physically count how many (drinks) each person has had," he said.

And if they’ve already been drinking somewhere else?

"When that person comes into the bar, they may be struggling, but they’ll do everything they can to be served," Romare said. "People coming in drunk from another establishment, you still take care of them … for their own safety and everyone else’s safety."

The citation is a violation against the employee, but could count against the business as well when it comes up for a renewal of their liquor license.

Romare feels there’s a lot of responsibility put onto business owners when it comes to not over-serving.

"We’re always at a blame situation rather than admitting fault," he said.

Romare said some of the responsibility should lie with the person doing the drinking.

"If they’re going to be negligent, that should be their responsibility," he said. "But that’s not the way the law’s written. So I have to make sure I protect my business and my employees."

Cafe Baeudelair on Lincoln Way near Welch Avenue was one of the three businesses that had an employee cited for serving an intoxicated person during the recent compliance checks.

Duncan Pierce, the bar’s manager, feels there could be a better way for police to check on alcohol compliance.

"I understand what they’re doing," Pierce said. "I wish they would work with us more…go and talk to bartenders and business owners instead of setting up covert stings."

Pierce, who has attended the city’s alcohol training three times, mentioned an instance when Cafe Baeudelaire asked Ames PD for some help on recognizing international IDs. He said police put together some information, brought it over to the cafe and gave a good response.

"It’d be more proactive that way," he said.

Ames Police Cmdr. Geoff Huff said during compliance checks, officers make it "pretty obvious" that the person should not be served.

"We have them drink to the legal limit and then there is some Academy Award-winning acting that goes into it as well," Huff said.

"We’re not trying to trick them," he said. "We make it pretty obvious that the person is intoxicated."

Ames Police offer a free monthly alcohol training on topics such as looking for fake IDs and recognizing the signs of when someone is over the legal limit.

"We recommend they attend the training once a year," Huff said.

Romare, the owner of Whiskey River, said it takes a combination of things keep from over-serving.